North Carolina HB 887: Address Abandoned and Derelict Vessels.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 887

Short Title: Address Abandoned and Derelict Vessels. (Public)
Sponsors: Representatives Miller and Cairns (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: State and Local Government, if favorable, Rules, Calendar, and Operations of the
House
April 14, 2025
*H887-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ADDRESS ABANDONED AND DERELICT VESSELS IN THE WATERS OF 2
THE STATE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) Subdivisions (1c), (1d), (1e), and (1f) of G.S. 75A-2 are recodified 5
as subdivisions (1e), (1f), (1g), and (1h) of that section. 6
SECTION 1.(b) G.S. 75A-2, as amended by subsection (a) of this section, reads as 7
rewritten: 8
"§ 75A-2. Definitions. 9
As used in this Chapter, unless the context clearly requires a different meaning: 10
(1) "Abandoned vessel" or "to abandon a vessel" means a the vessel that (i) is left 11
moored, anchored, or otherwise located for more than 30 consecutive days on 12
public lands, submerged lands, or waters of the State or on private property 13
without written permission of the owner of the property where the vessel is 14
moored, anchored, or otherwise located as set forth in Article 5 of this Chapter 15
and (ii) has been relinquished, left, or given up by the lawful owner without 16
the intention to later resume any right or interest in the vessel. The term does 17
not include a vessel that is left by an owner or agent of the owner with any 18
person or business for the purpose of storage, maintenance, or repair and that 19
is not subsequently reclaimed. 20
... 21
(1c) "Days" means calendar days where the term is used for a computation of time. 22
(1d) "Derelict vessel" means a vessel (i) left unattended and (ii) in a wrecked, 23
junked, listing, sinking, inoperable, or dismantled condition or otherwise in 24
significant disrepair or grounded such that the condition may affect the 25
seaworthiness of the vessel or adversely affect the safety of the public or the 26
environment. 27
... 28
(4b) "Unattended" means that the owner or operator of the vessel is not aboard or 29
in the immediate vicinity of the vessel and has failed to respond to any posting 30
or citation left on the vessel by a law enforcement officer with jurisdiction 31
over the location of the vessel. 32
... 33

General Assembly Of North Carolina Session 2025
Page 2 House Bill 887-First Edition
(5a) "Vessel emergency" means a condition, incident, or accident on a vessel that 1
requires the operators and passengers of the vessel to leave it unattended for 2
their own safety. 3
...." 4
SECTION 2. Chapter 75A of the General Statutes is amended by adding a new 5
Article to read: 6
"Article 5. 7
"Abandoned and Derelict Vessels. 8
"§ 75A-50. Authority. 9
(a) Scope. – This Article shall apply to all waters of this State and to public and private 10
land within the State. 11
(b) Powers of Law Enforcement Officers. – In addition to the enforcement powers set 12
forth in G.S. 75A-17, wildlife protectors, inspectors, or other cooperating law enforcement 13
officers with general enforcement jurisdiction and their contractors or agents engaged for the 14
activities authorized by this subsection are authorized to remove, relocate, cause to be removed 15
or relocated, or dispose of any abandoned or derelict vessel from waters of this State or from 16
public and private land as set forth in this Article. 17
(c) Powers of Commission. – The Commission may use staff, equipment, and material 18
under its control or provided by any cooperating federal or State agency or unit of local 19
government, may authorize or contract with any private agent or contractor it deems appropriate 20
for the activities authorized by subsection (b) of this section, and may authorize or contract with 21
any federal or State agency or unit of local government for the removal, relocation, storage, or 22
disposal of an abandoned or derelict vessel and restoration of the affected area. 23
(d) Limit on Liability. – The Commission, any cooperating law enforcement agency, or 24
any contractor or employee or agent of the Commission acting under authority granted by this 25
Article to remove, relocate, cause to be removed or relocated, or dispose of an abandoned or 26
derelict vessel from waters of the State, public land, or private land shall not be held liable in any 27
claim or action seeking damages for any damage to an abandoned or derelict vessel resulting 28
from such relocation or removal, unless the damage is a result of gross negligence or willful 29
misconduct. 30
(e) Relation to Existing Local Acts. – In cases of conflict between this Article and 31
provisions of existing local acts or local ordinances adopted under the authority set forth in 32
G.S. 160A-205.6 pertaining to the removal of abandoned or derelict vessels, this Article shall 33
prevail with respect to the powers and